The following Terms and Conditions of Business have been translated from our German website. They are for reference purposes only and not legally binding.
The German language version of the General Terms and Conditions of Business ("AGB") shall apply in all legal matters.
General Terms and Conditions of Business ("AGB")
Terms of delivery and payment
The dispatch is at the expense and risk of the customer, even if freight-free delivery is agreed. Orders shall only be deemed as being accepted if they have been confirmed by us in writing. Until the written confirmation, the customer is bound to his order under all circumstances. Assurances and promises made by our representatives shall only apply if they have been confirmed by us. The order itself can only be revoked in case of delay on our part. Withdrawal from the contract is reserved for the seller up to the complete delivery and payment.
Packaging is carried out as agreed. Invoicing is done at our own expense.
Complaints are only taken into consideration, if they are sent directly to us in writing immediately after delivery, at the latest within 8 days after receipt of the goods. Complaints submitted to our representatives are not considered as having been made. Minor deviations in the execution of the goods do not constitute a cause for complaint. If complaints are justified, then we are free to deliver replacement of the goods free of charge, or to take back the defective items for credit. In the case of a new production, this shall be at the prices valid on the day of the replacement delivery. If damage is attributable to the circumstances of the transport, the customer shall not be entitled to cause for complaint, right of withdrawal or compensation for damages on our part. The customer bears the risk for objects to be returned until the objects are returned at the factory. The customer is not entitled to withhold the purchase price due to any defect or to offset any claims for damages against the purchase price.
The delivery times stated are based on our estimate, they are observed as far as possible, but are not binding for the seller. Force majeure shall give the seller the right, at his discretion, either to make the delivery later or to withdraw from the contract in whole or in part. The customer shall only be freed from his obligation to accept the goods only if he has completely withdrawn from the contract. Claims for damages due to late delivery are excluded. In the case of partial deliveries, the customer shall not have the right to withdraw from the contract.
Our prices are to be understood from Delbrück-Westenholz. They are based on today's production costs. Should these change as a result of wage, material price or tax increases, etc., we reserve the right to charge the prices valid on the day of delivery. Our goods (reserved goods), delivered exclusively and in principle under retention of title, shall remain our property up to the payment of all our claims, irrespective of the legal basis. This also applies if the purchase price is paid for the delivery of certain goods. In the case of current invoices, the reserved property is also considered as collateral for our balances. customer's purchase of the reserved goods pursuant to § 950 BGB is excluded. The claim of the customer from the resale of the reserved goods is already assigned to us, and will be resold. The assigned claim is for our own security only in the amount of the value of the reserved goods sold in each case. In the event that our goods are sold by the customer together with other goods not belonging to us, the assignment of the purchase price is only valid in the amount of the value of our reserved goods, which are the object of the resale with the other goods. The customer is only entitled to resell our goods only in the course of his regular business transactions, provided that the purchase price is transferred to us from the resale pursuant to sentence 3. The customer shall not be entitled to any other disposal of the reserved goods. The customer is authorized to collect the receivables from the resale despite the assignment. However, our right to collect will not be affected by this collection authorization. We will not collect the claims as long as the customer duly fulfils our payment obligations. At our request, the customer must inform us of the debtors of the assigned claims and notify the debtors of the assignment. For this purpose, the customer must also allow us to inspect his books and invoices. The retention of title in accordance with the above provisions shall also remain insofar as individual receivables are included in a current account, in this case it shall be considered as collateral for our balances. Our retention of title is conditional upon the full payment of all our claims arising from the business relationship, on such payment the ownership of the reserved goods and the assigned claims shall pass to the customer. We undertake to release at our discretion the securities to which we are entitled under the above provisions insofar as their value exceeds the receivables to be secured by 25%, however under the condition that, with the exception of the delivery in the genuine current account, release shall only be made for such deliveries or their substitute values, which are themselves fully paid. If the customer has insured the goods, all claims to the insurer from the insurance contract are already deemed to have been assigned to us in respect of the goods delivered under retention of title. If we claim immediate release of our property in case of default of payment or payment difficulties on the part of the customer, the latter shall until such release store the goods under our retention of title separately for us from the other goods, label them as our property, not dispose of them in any way and provide us with a list of our property. The customer must immediately notify us of a seizure or other impairment by a third party. If the customer suspends all payments before concluding the entire contract, the seller shall be entitled to the rights arising from §§ 43 ff of the bankruptcy regulations, either the separation of the goods or the assignment of a claim for consideration.
Bills of exchange and cheques are valid only after receipt of the cash amounts as cash payment. They are only accepted for the sake of fulfilment. If a bill of exchange or cheque deposited by the customer is returned unpaid, all other outstanding amounts will be due immediately. The seller shall have the right to demand immediate payment without regard to the fact that the documents given in payment are still in his possession or were passed on. After confirming the order, we remain entitled, if unfavourable information about the creditworthiness of the customer becomes known, to demand security or advance payment of the invoice amount, or to withdraw from the contract. If the payment target date is exceeded, default interest will be charged to the amount of the respective bank interest rate for daily money. Bills of exchange and cheques can only be exchanged without the right to be notified in accordance with § 45 Bills of Exchange Law. Even without prior notice, we are entitled to proceed without delay in the course of legal action against the customer indebted to us through of a bill of exchange.
If the seller is entitled to claim compensation due to non-fulfilment on the basis of this contract or in accordance with general legal principles, an amount of 25% of the purchase sum shall be deemed to have been agreed as compensation without the seller having to prove this damage. The assertion of further damage is not excluded.
The place of performance for delivery and payment is Delbrück-Westenholz. The Court of Jurisdiction in the case of actions arising from cheques and bills is also Delbrück, regardless of the amount of the dispute. This agreement on jurisdiction only applies to full business persons, legal entities under public law and public law funds, but not to minors or non-business persons.
Preceding agreements, such as any conflicting conditions of the customer, shall not apply, nor shall any oral agreements be valid in addition to the above conditions.
The afore-mentioned conditions are expressly recognised as being accepted by the customer by way of his unconditional acceptance of the letter of confirmation.
The nullity of individual provisions does not affect the validity of the entire contract.